Intellectual Property

  • October 30, 2024

    Cannabis Fertilizer Co. Can Mostly Bar Rival's IP Theft In Ads

    A Seattle federal judge has curtailed a fertilizer manufacturer's use of a rival's name in marketing its cannabis-focused products, saying he found it "problematic" that the company's messaging suggests using both products in tandem.

  • October 30, 2024

    IBM Wants Extra $63M From Zynga After $45M App Patent Win

    IBM Corp. asked a Delaware federal judge to add $63 million in enhancement and prejudgment interest onto its $45 million patent infringement award against Zynga Inc., a week after Zynga asked the court to order a new trial over the dispute.

  • October 30, 2024

    Historic World Series Prompts Flagrant IP Theft, MLB Says

    A World Series matchup between two of baseball's most storied franchises has fueled a boom in sales of counterfeit apparel, Major League Baseball's media arm has told a New York federal court, identifying several pockets of New York City as hubs for the illicit merchandise.

  • October 30, 2024

    DLA Piper's FDA Regulation Vice Chair Joins White & Case

    The former vice chair of DLA Piper's FDA regulatory practice has joined White & Case LLP's global life sciences and healthcare group and intellectual property practice.

  • October 30, 2024

    Conn. Judge Cites Day Pitney Ties In Lego Settlement Recusal

    U.S. Magistrate Judge Thomas O. Farrish has recused himself from presiding over settlement talks between Lego and a New York artist who is suing the toy company over a play set based on the Netflix series "Queer Eye," citing the fact that his former firm, Day Pitney LLP, represents the defendants.

  • October 29, 2024

    Bell Owes $16M In Trade Secrets Row With Vendor, Jury Finds

    A Texas jury on Tuesday largely found in favor of Bell Helicopter Textron Inc. in a suit claiming that it used a former vendor's trade secrets to prep a replacement supplier, concluding that Bell breached its contract with the vendor but that the Fort Worth, Texas-based aerospace manufacturer hadn't stolen intellectual property.

  • October 29, 2024

    Retired Fed. Circ. Judge Backs Invisalign In Monopoly Cases

    Retired Federal Circuit Judge Paul R. Michel warned the Ninth Circuit on Tuesday that reversing a lower court's decision to toss a pair of class actions accusing Invisalign of monopolizing the clear braces and teeth scanners market by illegally refusing to deal with a rival would increase patent owners' legal uncertainties.

  • October 29, 2024

    Roku Invalidates Smart Alarm Claims At Patent Board

    Roku Inc. has persuaded an administrative board at the patent office to wipe out six claims in a "smart" alarm device patent developed by a subsidiary of Roku's longtime rival, Universal Electronics Inc.

  • October 29, 2024

    DraftKings Denied $2.3M Fee Bid In Gambling Patent Row

    A Delaware federal judge on Tuesday denied DraftKings's $2.3 million fee bid for defeating Interactive Games' suit accusing it of infringing patents related to remote betting, ruling that Interactive Games' case isn't exceptional or frivolous since its patents were presumed valid and there's no evidence that Interactive Games was seeking quick settlements.

  • October 29, 2024

    ByteDance's Sanctions Bid Against Ex-Worker Delays Trial

    A California federal judge delayed a trial in a wrongful termination lawsuit filed by an engineer formerly at TikTok's parent company ByteDance, directing the parties on Tuesday to instead submit briefing on the defendants' motion to terminate the case as a sanction for the plaintiff's alleged destruction of evidence and perjury.

  • October 29, 2024

    Fed. Circ. Calls Plastic Co.'s IP Retrial Objection 'Frivolous'

    A panel of the Federal Circuit said Tuesday a plastic packaging manufacturer is making a "frivolous" objection to how a Massachusetts federal judge decided to set up a retrial scheduled next week over whether patents covering a kind of tamper-resistant container are invalid.

  • October 29, 2024

    PTAB Upholds Solar Co.'s Power Supply Patent

    The Patent Trial and Appeal Board has shot down a bid from a German solar energy technology company's U.S. unit to invalidate a competitor's solar power supply patent, the latest blow to the subsidiary in a larger patent fight.

  • October 29, 2024

    Lawmakers Want Update On Copyright Office's AI Reports

    The U.S. Copyright Office is late in submitting reports on the intersection of artificial intelligence and copyright law, according to a recent letter from leadership on the House committee with jurisdiction over the matter.

  • October 29, 2024

    Patent Partner Moves From King & Spalding To Steptoe

    A former King & Spalding LLP partner has made the jump to Steptoe LLP, filling out the firm's team of California-based litigators who take on patent cases.

  • October 29, 2024

    Baseball Bat Cos. Reach Deal To End Fla. Trademark Battle

    A baseball bat company owned by ex-MLB player Yoenis Céspedes has settled an intellectual property lawsuit against several businesses over baseball bats, months after a Florida federal judge handed the former New York Mets outfielder's business a preliminary injunction in the case.

  • October 29, 2024

    Allergan, Mankind Settle IP Fight Over Lumigan Generic

    Allergan Inc. and Mankind Pharma Ltd. asked a Delaware federal court Tuesday to dismiss infringement litigation over Mankind's proposed generic of Allergan's glaucoma drug Lumigan, stipulating that the patent is valid and has been infringed.

  • October 29, 2024

    Senate Panel Targets 'Clever' Pharma Pricing

    The Senate Judiciary Committee on Tuesday railed against drugmakers and pharmacy benefit managers for allegedly causing the high cost of prescription drugs, arguing that "Big Pharma" has used anticompetitive tactics through patenting to fleece American patients.

  • October 29, 2024

    Nokia, HP End Patent Litigation With Licensing Deal

    Finnish telecommunications giant Nokia has inked a multiyear patent-licensing deal with hardware manufacturer HP Inc. over its video technologies, pouring cold water on litigation between the pair in all jurisdictions, it announced Tuesday.

  • October 29, 2024

    Akerman Hires 2 IP Partners From Kilpatrick In NYC

    Akerman LLP announced Monday that two former partners at Kilpatrick Townsend & Stockton LLP are the latest additions to its intellectual property practice group in New York City.

  • October 29, 2024

    InterDigital Ends Legal Spats With Oppo In Licensing Deal

    InterDigital said Tuesday that it has inked a licensing agreement with Chinese smartphone giant Oppo that will bring an end to the cross-border litigation between the companies over patented smartphone technology.

  • October 29, 2024

    Ex-Boston University Law Prof Settles IP Suit With School

    A former Boston University School of Law instructor has settled a copyright infringement suit with the school that he filed in August accusing it of pilfering his course materials in violation of a prior settlement agreement.

  • October 29, 2024

    Front Office Sports Sued For Using Luxury Real Estate Photos

    Private equity-backed media outlet Front Office Sports is accused of unlawfully using luxury real estate photos online without permission, according to a lawsuit filed in New York federal court.

  • October 28, 2024

    $9M Fee Awarded For 'Feeble' Milk Vitamin Eligibility Row

    A Delaware federal judge entered a final judgment Monday ordering ChromaDex Inc. and Dartmouth College to pay $9.1 million in attorney fees to Elysium Health for making a "feeble" and failed argument defending their milk vitamin patents from an eligibility challenge.

  • October 28, 2024

    Fed. Circ. Backs PTAB Win For Hyundai And VW On Ad Patent

    The Federal Circuit on Monday upheld a Patent Trial and Appeal Board decision that several claims of a StratosAudio Inc. advertising patent are invalid, in a win for automakers Hyundai and Volkswagen, both of which have been accused of infringement.

  • October 28, 2024

    ​​​​​​​Nokia Strikes Deal Ahead Of Trial In Texas Patent Co.'s Suit

    Less than two weeks before a jury trial is set to begin, intervenor Nokia of America and patent owner Wireless Alliance LLC struck a deal resolving part of a lawsuit accusing telecommunication behemoths AT&T, Verizon and T-Mobile of patent infringement, according to a settlement notice filed in Texas federal court Friday.

Expert Analysis

  • Insights On NLRB General Counsel's New 'Stay-Or-Pay' Memo

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    Attorneys at Davis Wright discuss the National Labor Relations Board general counsel's new memorandum on employer “stay-or-pay” policies and noncompete agreements, and explain key takeaways concerning the proposed financial remedies, prosecution framework and more.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • 5 Considerations For Obviousness-Type Double Patenting

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    The U.S. Supreme Court’s recent denial of certiorari for In re: Cellect highlights the current state of obviousness-type double patenting based on that case and another recent Federal Circuit decision, including that ODP is not fatal, that divisional applications are protected from ODP and more, says Fabian Koenigbauer at Ice Miller.

  • Patent Lessons From 7 Federal Circuit Reversals In August

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    The Federal Circuit’s seven vacated or reversed cases from August provide helpful clarity on obviousness-type double patenting, written description and indefiniteness, and suggest improved practices for petitioners and patent owners in inter partes review, say Denise De Mory and Li Guo at Bunsow De Mory.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • Perspectives

    Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • ​​​​​​​Trending At The PTAB: Evolution Of Granting Stays Post-AIA

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    Kara Specht and Guanshi Li at Finnegan take a look at the evolving trends in the Patent Trial and Appeal Board's authority to grant stays in parallel reexamination and reissue proceedings under the America Invents Act since 2019, showing that it has become exceedingly difficult to successfully argue against a stay in most cases.

  • 2nd Circ. American Girl Ruling Alters Test Purchase Norms

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    The Second Circuit's recent ruling in American Girl v. Zembrka overturns years of precedent that required completed test purchase shipments to establish jurisdiction in infringement cases, but litigators shouldn't abandon the strategy entirely, say Robert Wasnofski and Sara Gates at Dentons.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

  • The Shifting Role Of Patent Attorneys In The Age Of AI

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    The integration of artificial intelligence into patent drafting represents a significant change in how legal work is performed, and patent attorneys must shift from manual drafting to a strategy-oriented approach, says Ian Schick at Draft Builders.

  • 8 Childhood Lessons That Can Help You Be A Better Attorney

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    A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.

  • 2nd Circ. Provides NY Pathway For Fighting Foreign Infringers

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    A recent decision from the U.S. Court of Appeals for the Second Circuit provides a road map for expeditiously obtaining personal jurisdiction in New York against foreign trademark infringers based on a single purchase of counterfeit goods, meaning the Second Circuit could now be the preferred venue for combating foreign infringement, says Jeffrey Ratinoff at Spencer Fane.

  • Opinion

    This Election, We Need To Talk About Court Process

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    In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.

  • Consider Best Legal Practices For Commissioning Public Art

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    Commissioning public art for real estate projects can provide many benefits to real estate developers and the public, but it's important to understand the unique legal and contracting aspects of the process to ensure that projects are completed on time and on budget, says Sarah Conley Odenkirk at ArtConverge.

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